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Terms of Service

Last updated: April 14, 2026

1. Acceptance of Terms

Welcome to DoughOps. These Terms of Service ("Terms") govern your access to and use of the DoughOps website, applications, and services (collectively, the "Service") provided by SMFORCE, LLC d/b/a DoughOps ("DoughOps," "Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

By creating an account or using DoughOps, you represent that:

  • You are at least 18 years old
  • You have the legal authority to enter into this agreement
  • You will use the Service in compliance with all applicable laws
  • If you are accepting on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms

2. Description of Service

DoughOps is a production intelligence platform designed for donut shops and bakeries. Our Service includes:

  • AI-Powered Production Planning: Automated predictions of daily production quantities based on historical data, weather, and events
  • Sales Analytics: Tracking and analysis of sales data, including Square POS integration
  • Waste Management: Tools for logging and analyzing product waste
  • Recipe Costing: Ingredient management and cost calculation features
  • Team Management: Multi-user access with role-based permissions
  • Wholesale Management: B2B account and order management, including a self-service wholesale portal accessible to your business customers via magic link authentication (Pro plan)
  • Asset Management: Equipment tracking, maintenance scheduling, and service records
  • Task Management: Routine checklists, shift tasks, and team coordination
  • Email Notifications: Production plans, task reminders, and weekly reports
  • Integrations: Square POS, weather services, local event data, and more

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

3. User Accounts

3.1 Account Creation

To use DoughOps, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your contact information remains current

3.2 Account Security

You must use a strong, unique password and should enable any available security features. We recommend using two-factor authentication when available. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Team Members

Account owners may invite team members to access the Service. The account owner is responsible for:

  • Actions taken by team members under the account
  • Ensuring team members comply with these Terms
  • Revoking access when team members leave the organization

4. Subscriptions and Billing

4.1 Free Trial

We offer a 14-day free trial with access to all features, up to 3 team members, 1 location, and no credit card required. At the end of the trial, your account does not lose access or become locked. Instead, it automatically downgrades to our Free plan, and you retain continued access to the features, user, and location limits included in the Free tier. You may subscribe to a paid plan at any time, before or after the trial ends, to unlock additional features and higher limits.

4.2 Subscription Plans

We offer a Free plan and tiered paid subscription plans (Starter, Pro, and Business) with different features and pricing. Current pricing and features are available on our website. Prices are subject to change with 30 days notice.

4.3 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is processed through Stripe, a third-party payment processor
  • You authorize us to charge your payment method for all applicable fees
  • Failed payments may result in service suspension

4.4 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds on a case-by-case basis at our discretion. Contact support@doughops.com to request a refund.

4.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until that date. No partial refunds are provided for unused portions of billing periods.

5. POS, Loyalty Programs & Gift Cards

DoughOps provides tools that allow you (the bakery operator) to accept in-person payments, issue and redeem gift cards, and operate stamp- or points-based loyalty programs with your own customers. You, not DoughOps, are the merchant of record for all sales processed through the DoughOps POS. The terms below govern your use of those tools and the minimum disclosures you must make to your customers.

5.1 Payment Processing (DoughOps POS)

  • Merchant of record. When you enable the DoughOps POS, payments are processed through Stripe Connect on a Stripe Connected Account registered to your business. You are the merchant of record. Your business name (not DoughOps) appears on cardholder statements, and you are responsible for goods/services delivered, disputes, chargebacks, and any refunds.
  • Processing fees & platform fee. Card transactions are processed by Stripe and billed to your business directly at Stripe's standard rates (currently approximately 2.7% + 5¢ for in-person Terminal, 2.9% + 30¢ for online; see stripe.com/pricing for current rates). DoughOps separately collects a per-transaction platform fee of 0.5% + $0.05 (in-person) as a Stripe Connect application fee on top of Stripe's processing fees, plus a monthly POS add-on fee. DoughOps does not control or set Stripe's processing rates. Fees may change with 30 days notice.
  • Stripe Services Agreement. Your use of Stripe payment processing is subject to the Stripe Connected Account Agreement and Stripe Services Agreement. You must comply with those terms in addition to these Terms.
  • PCI compliance. DoughOps never stores, processes, or transmits full card numbers. All card data is handled by Stripe. You agree not to attempt to collect, log, or transmit cardholder data outside of the Stripe integration.
  • Disputes and chargebacks. You are responsible for responding to cardholder disputes within the deadlines set by the card networks. DoughOps provides tools to submit evidence but is not a party to, and not responsible for the outcome of, any dispute.
  • Cash handling, shifts, tips and taxes. You are solely responsible for reconciling cash drawers, paying tips owed to employees, withholding and remitting all applicable sales, use, excise, and payroll taxes, and complying with wage-and-hour laws (including FLSA and any state daily-overtime or tip-pooling rules).
  • Receipts. Receipts generated by the POS include your business name, transaction number, timestamp, itemization, tax breakdown, payment details (card last-4/brand or cash tendered/change), and a truncated payment authorization reference. You are responsible for ensuring receipts include any additional disclosures required by your jurisdiction.

5.2 Loyalty Programs (Stamps or Points)

DoughOps lets you operate either a stamp-based or points-based loyalty program. You are the sole issuer and operator of the program, and you (not DoughOps) are responsible for honoring earned rewards.

  • Stamps vs. Points — what's the difference? A stamps program earns one stamp per qualifying visit (e.g., "buy 10 get 1 free"). A points program earns points based on dollars spent and redeems points against future purchases. You may configure one or the other per location, not both.
  • No cash value. Stamps, points, tiers, and rewards have no cash value, cannot be exchanged for cash, and cannot be sold, transferred, or combined across unrelated accounts or businesses.
  • Earning basis. Points and stamps are earned only on the net amount paid for eligible goods, excluding gift-card purchases, loyalty redemptions, taxes where required by law, and any amount refunded. Void or refunded transactions reverse the associated loyalty credit proportionally.
  • Per-batch (FIFO) expiry. You may configure stamps and points to expire a set number of days after each individual earn. Each batch of earned points or stamps has its own expiration date based on when it was earned — later visits do not extend the expiration of previously earned batches. When a customer redeems, balances are consumed oldest-first (first-in-first-out). When a batch's expiration date passes, its remaining balance is forfeited automatically and cannot be reinstated except at your discretion. You must disclose the expiry policy to your customers at the point of enrollment (your POS receipt footer and loyalty signage are reasonable locations).
  • Program changes and termination. You may change stamp targets, point rates, reward values, tiers, or terminate the program at any time, subject to applicable state law. DoughOps recommends giving at least 30 days notice of material changes. DoughOps is not responsible for customer-facing communications.
  • Fraud and abuse. You may adjust, reverse, or revoke loyalty credits that appear to be the result of fraud, error, or abuse. All such adjustments are recorded in the POS audit log.
  • Consumer protection laws. Loyalty programs are regulated in some jurisdictions (e.g., California). You are responsible for confirming that your program and its disclosures comply with applicable state and federal law. DoughOps does not provide legal advice.

5.3 Gift Cards and Store Credit

DoughOps lets you (the bakery) issue, redeem, reload, and disable closed-loop (single-merchant) gift cards, and issue store credit (including automatic store credit from refunds). Gift cards and store credit are a direct obligation of your business to your customer. DoughOps is the software provider — not the issuer, not a guarantor, and not a party to any gift-card transaction.

  • Closed-loop only. Gift cards issued through DoughOps are redeemable only at your bakery locations. They are not general-purpose prepaid cards, are not reloadable with cash value outside the POS, and are not transferable between unrelated merchants.
  • No cash value. Gift card balances are redeemable for goods and services only and are not redeemable for cash, except where state law expressly requires cash-back on small remaining balances (e.g., California Civil Code §1749.5(b)(2), Massachusetts MGL c.255D §1, New York General Business Law §396-i, Vermont 9 V.S.A. §2701). You are responsible for honoring those state requirements.
  • Expiration. By default, gift cards issued via DoughOps do not expire and are not subject to dormancy, inactivity, or service fees, consistent with the federal Credit CARD Act of 2009 (15 U.S.C. §1693l-1). Where you configure an expiration date, it must be no less than five (5) years after the date of issuance or the date of last load, whichever is later. Shorter expirations are unlawful under federal law. Some states prohibit expiration entirely; you are responsible for compliance in each jurisdiction where you operate.
  • Customer obligations and business continuity. Gift cards and store credit represent a liability of your bakery. If your business ceases operations, is sold, enters bankruptcy, loses its lease, or otherwise stops honoring gift cards for any reason, the outstanding balances are your obligation to resolve with your customers. DoughOps has no obligation or ability to redeem, refund, or substitute value for any outstanding gift card, store credit, or loyalty balance. In a sale or merger, you should disclose and transfer outstanding gift-card liability to the acquiring business as part of the transaction; in a wind-down, you should notify holders in accordance with state law and your posted shop policies. Customers whose gift cards are unredeemable because of your business closure may have recourse as an unsecured creditor in bankruptcy or, in some states, against abandoned-property funds — but not against DoughOps.
  • Lost or stolen cards. Gift card codes are treated like cash. DoughOps cannot recover or reissue balances for lost, stolen, or voluntarily shared card codes. You may, at your discretion, disable a compromised card and issue a replacement.
  • Liability and GAAP treatment. Gift card sales are recorded as a deferred liability and convert to revenue only upon redemption. You are responsible for tracking, reporting, and (where applicable) escheating unclaimed balances in accordance with your state's abandoned-property laws.
  • Store credit from refunds. Where you issue store credit instead of a cash or card refund, the resulting gift card is subject to these same terms. Cash-to-store-credit conversions are audit-flagged for review.
  • Tax. Sales tax is charged on the redeemed goods, not on the purchase of the gift card itself.

5.4 Customer-Facing Disclosures You Must Make

When you operate a loyalty program or issue gift cards through DoughOps, you agree to provide the following disclosures to your customers at a conspicuous point of enrollment or sale (at minimum, in your POS receipt footer, loyalty signage, or published shop policies):

  • Gift cards and loyalty balances have no cash value (except where state law requires cash-back on small remaining balances) and are redeemable only at your bakery locations.
  • Gift cards are an obligation of your bakery, not of any payment processor, software provider, or third party. If your business closes, is sold, or stops honoring gift cards, customers should seek recourse through you, their state's consumer-protection agency, or bankruptcy proceedings as applicable.
  • If gift cards are configured to expire, the expiration date (no less than 5 years from issuance under federal law) and any applicable state restrictions.
  • If applicable, that points and stamps expire on a per-batch (FIFO) basis a stated number of days after each is earned, and that redemptions consume the oldest unexpired balance first. Under California Civil Code §1749.6 and similar state laws, customers must be given at least 30 days' written notice before any scheduled expiration of a loyalty balance.
  • Your program rules are subject to change; you will provide at least 30 days' advance notice of material changes where required by state consumer-protection law, and otherwise as soon as reasonably practicable.
  • A contact method for customers to raise questions or disputes about their balance.

5.5 Employee PIN and Time Clock

The POS supports 6-digit staff PIN authentication and employee time-clock features. PINs are personal and may not be shared. You are responsible for enforcing appropriate access controls, including requiring manager-level PINs for refunds, voids, discounts above your configured thresholds, price overrides, and time-punch edits. Time-clock records, tip allocations, and punch edits are retained in the POS audit log for wage-and-hour compliance purposes.

5.6 DoughOps Is Not a Party to Customer Transactions

All sales, loyalty rewards, and gift cards issued through the DoughOps POS are transactions between you and your customer. DoughOps provides the software and payment-processing infrastructure but is not a party to those transactions, makes no representations to your customers, and is not responsible for fulfilling, refunding, or honoring rewards, gift cards, or store credit. Customer disputes about loyalty balances, gift card redemption, or product quality must be directed to you.

6. SMS / Text Messaging

DoughOps offers optional SMS functionality for bakery receipts, loyalty updates, order-status messages, and one-time verification codes. The bakery using DoughOps is responsible for obtaining the legally required consent from its customers before sending text messages through the Service.

6.1 Consent and Opt-In

Text messages may be sent only after the customer provides a clear affirmative opt-in. Acceptable opt-in methods include the customer providing their number at the register and completing DoughOps phone verification or checking an unchecked consent box on a DoughOps-hosted sign-up form. Customers who were previously enrolled may later re-subscribe by replying START or JOIN. Consent to receive text messages is not a condition of purchase.

6.2 Program Disclosures

You agree that your customer-facing SMS disclosures will clearly state the message categories, estimated message frequency, that message and data rates may apply, how to opt out, how to get help, and where the customer can review your privacy and SMS terms.

  • Opt-out: Customers can reply STOP to cancel.
  • Help: Customers can reply HELP for help.
  • Fees: Message and data rates may apply.
  • Carrier liability: Carriers are not liable for delayed or undelivered messages.

6.3 Privacy and Data Use

Mobile phone numbers, SMS opt-in data, and consent records collected through DoughOps are used only to operate the requested messaging program, maintain opt-out compliance, prevent abuse, and satisfy carrier or legal requirements. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties or affiliates for their own marketing or promotional purposes. Additional details are in our Privacy Policy, SMS / Text Message Policy, and SMS Terms & Conditions.

6.4 Customer Support

Questions about the DoughOps messaging program can be directed to support@doughops.com or +1 (708) 996-0245. Each bakery remains responsible for resolving customer disputes about its own receipts, loyalty balances, and order-status messages.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Upload malicious code or attempt to compromise system security
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any accounts or systems
  • Use automated scripts or bots without authorization
  • Resell or redistribute the Service without permission
  • Use the Service for any illegal or fraudulent purpose
  • Transmit spam or unsolicited communications
  • Impersonate any person or entity

6.1 Commercial Email and B2B Outreach

The Service includes tools for sending commercial email to wholesale prospects and business contacts on your behalf (including drip campaigns, follow-ups, and outreach emails). You are solely responsible for:

  • Ensuring you have proper consent or a legitimate business relationship with recipients before initiating email campaigns
  • Complying with all applicable email marketing laws, including the CAN-SPAM Act, CASL (Canada), and GDPR (where applicable)
  • Maintaining accurate and up-to-date contact lists
  • Honoring unsubscribe requests promptly

DoughOps provides compliance tools (unsubscribe links, frequency caps, consent tracking) but does not guarantee legal compliance of your email campaigns. You are liable for any regulatory penalties resulting from your use of email outreach features.

For detailed acceptable use guidelines, please see our Acceptable Use Policy.

8. Third-Party Services and Integrations

The Service integrates with and relies upon third-party services including but not limited to Stripe (payments), Square (POS integration), Clover (POS integration), Amazon Web Services (hosting and AI services including Transcribe), OpenAI (image analysis and AI features), Open-Meteo (weather data), Google Places (address autocomplete), and others. We are not responsible for the availability, accuracy, or performance of third-party services. Changes to or outages of third-party services may affect the functionality of our Service. Your use of third-party services is subject to their respective terms and policies.

9. Intellectual Property

10.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by SMFORCE, LLC d/b/a DoughOps and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The DoughOps name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SMFORCE, LLC d/b/a DoughOps. You may not use these marks without our prior written permission.

10.2 Your License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

10.3 Feedback

If you provide us with feedback or suggestions regarding the Service, you grant us the right to use that feedback without restriction or compensation to you.

10. Nutrition, Allergen & AI Disclaimers

Certain features of the Service generate automated information related to nutrition, allergens, and AI-assisted analysis. The following disclaimers govern the Subscriber's responsibilities when using these features. "Subscriber" refers to the business entity (bakery, donut shop, or other food service operator) that has created an account and uses the Service.

IMPORTANT: While DoughOps makes commercially reasonable efforts to provide accurate nutrition lookups, allergen detection, and AI-powered analysis, all automated outputs are provided as convenience tools and starting points only. It is 100% the operator's (Subscriber's) duty and responsibility to independently check, confirm, and update all nutrition, allergen, labeling, and AI-generated information before use. DoughOps accepts no responsibility whatsoever for any errors, omissions, or inaccuracies in automated outputs, and the Subscriber assumes all risk associated with reliance on such information.

10.1 Nutrition Information Disclaimer

DoughOps provides automated nutrition information through integration with the USDA FoodData Central database and AI-assisted analysis. This information is provided as a best-effort lookup for convenience only and should not be relied upon for dietary, medical, or regulatory decisions. Nutrition values are estimates based on standard ingredient reference data and may vary significantly due to supplier variations, preparation methods, portion sizes, seasonal ingredient differences, and limitations of the USDA database or AI estimation models.

It is the sole and absolute responsibility of the Subscriber to verify, confirm, and update all nutrition information for accuracy before displaying, publishing, or distributing it to customers or regulatory bodies. DoughOps makes no warranty, express or implied, regarding the accuracy, completeness, or reliability of any nutrition data generated by the platform. The Subscriber agrees to independently verify all nutrition labels, facts panels, and nutrition claims before use in any commercial, regulatory, or consumer-facing context. The Subscriber acknowledges that automated nutrition lookups may return incorrect matches, outdated data, or AI-estimated values that differ from laboratory-tested results.

10.2 Allergen Information Disclaimer

DoughOps automatically derives allergen information from recipe ingredient data using the FDA Big 9 allergen classification system (milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame). This automated detection is provided as a best-effort convenience tool only and does not replace professional allergen analysis or testing. Allergen detection is only as accurate as the ingredient data entered by the Subscriber and the classification rules in the system.

DoughOps cannot and does not detect cross-contamination risks, shared equipment exposure, trace allergens, supplier-level contamination, undisclosed sub-ingredients, or allergens not included in the FDA Big 9 classification. The Subscriber is solely and fully responsible for:

  • (a) verifying and confirming all allergen information for accuracy before any use;
  • (b) ensuring compliance with applicable food safety regulations including the Food Allergen Labeling and Consumer Protection Act (FALCPA), the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act, and any applicable state or local requirements;
  • (c) implementing proper allergen management protocols in their facility, including cross-contamination controls;
  • (d) making final allergen determinations before communicating to customers; and
  • (e) updating allergen information whenever recipes, ingredients, or suppliers change.

DoughOps disclaims all liability for allergic reactions, health incidents, personal injury, death, or regulatory penalties arising from reliance on automated allergen information. The Subscriber assumes full responsibility for all allergen declarations made to customers, regardless of whether they were derived from the Service.

10.3 AI-Generated Content & Predictions Disclaimer

DoughOps uses artificial intelligence and machine learning algorithms to generate production predictions, baseline recommendations, inventory counts (via photo waste capture), equipment information (via nameplate OCR), and other data-driven outputs. All AI-generated content is provided as a decision-support tool and should not be used as the sole basis for business, health, safety, or regulatory decisions. AI predictions and recommendations may be inaccurate, incomplete, or inappropriate for specific circumstances.

The Subscriber acknowledges that:

  • (a) production predictions are estimates based on historical data, weather forecasts, and event information that may be inaccurate;
  • (b) photo-based inventory counts are approximate and must be verified before creating official records;
  • (c) OCR-derived equipment information may contain errors and should be verified against original source documents; and
  • (d) AI baseline recommendations should be reviewed by qualified personnel before implementation; and
  • (e) voice transcription features (powered by AWS Transcribe) may produce inaccurate transcriptions and should be reviewed before use.

DoughOps is not liable for any losses, damages, or regulatory non-compliance arising from reliance on AI-generated content.

10.4 FDA Labeling Compliance

DoughOps provides tools to generate FDA-style nutrition labels and ingredient lists. These tools are provided for informational and convenience purposes only. Many small retail bakeries are exempt from federal nutrition labeling requirements under 21 CFR 101.9(j)(1). The Subscriber is solely responsible for determining whether their business is subject to FDA labeling requirements and for ensuring compliance with all applicable federal, state, and local food labeling regulations. DoughOps does not provide legal, regulatory, or compliance advice. Nothing in this Agreement or the Service constitutes legal or regulatory guidance, and the Subscriber should consult qualified legal and regulatory counsel regarding their specific compliance obligations.

11. Your Data

10.1 Ownership

You retain all rights to the data you submit to the Service ("Your Data"). We do not claim ownership of Your Data.

10.2 License to Use Your Data

You grant us a limited license to host, store, process, and display Your Data for the purpose of providing and improving the Service. This includes using Your Data within our AI prediction engine, analytics algorithms, and machine-learning models to generate production recommendations, demand forecasts, baseline optimizations, and other Service features for your account only. This license terminates when you delete Your Data or close your account.

10.2.1 No Sharing or Selling of Your Data

We will never share, sell, rent, or disclose Your Data — including your sales figures, product catalog, recipes, waste records, customer lists, or any other business-specific information — to any other DoughOps customer, third-party competitor, data broker, or advertiser. Your Data is used exclusively to power the Service for your business. The only exceptions are: (a) aggregated, anonymized data as described in Section 9.7, which cannot identify you or your business; (b) disclosures required by law or valid legal process; and (c) third-party service providers who process data on our behalf under strict confidentiality obligations (as described in our Privacy Policy).

10.3 Data Processing

We process Your Data in accordance with our Privacy Policy and applicable data protection laws. For business customers requiring a Data Processing Agreement, please contact us at legal@doughops.com.

10.4 Data Retention

We retain different categories of Your Data for different periods. POS, payroll, gift-card, and loyalty records are retained on an extended schedule to meet tax-audit and wage-hour recordkeeping obligations that apply to your business.

  • Core business data (products, recipes, team, settings): Retained while your account is active
  • POS transactions, refunds, cash events, and POS audit logs: Retained a minimum of 7 years (IRS transaction-record requirement, 26 U.S.C. §6001)
  • Gift card purchases, redemptions, and balance history: Retained for the life of the card plus 7 years (CARD Act 2009 and state escheatment recordkeeping)
  • Loyalty-program transactions (stamps, points, redemptions, expirations): Retained a minimum of 7 years (ASC 606 deferred-revenue audit trail)
  • Time punches, break records, and tip allocations: Retained a minimum of 6 years (NY Labor Law §195, CA Labor Code §1174; DOL 29 CFR 516.6 requires 3 years, we exceed this)
  • Operational records (production plans, sales, waste): 5 years for analytics and AI predictions
  • Task records (completions, summaries, escalations): 3 years
  • Audit and activity logs (non-POS): 365 days
  • Waste capture images: 90 days, then automatically deleted
  • Weather cache and past events: 30 days

Upon account termination, you will have 30 days to export Your Data. After 30 days, operational, task, and activity records are scheduled for deletion. POS, payroll, gift-card, and loyalty records are retained for the full periods listed above even after account termination, because they represent transactional records your business is legally obligated to preserve; we preserve them in read-only form and will make them available to you, your successor, or a government auditor on written request.

9.5 Data Export

You may export Your Data at any time through the Service's export features (CSV, JSON). We provide data export tools for products, sales, waste, recipes, and other core business data.

9.6 B2B Portal Data

If you use the wholesale portal feature, your business customers ("Portal Users") may access a limited self-service portal to view pricing, place orders, and manage their account details. Portal Users authenticate via magic link (email-based, no password). You are responsible for the accuracy of wholesale account data and for informing your Portal Users about how their data is handled. Portal session data is automatically cleaned up upon expiry.

9.7 Aggregated Data

We may create aggregated, anonymized data from Your Data for purposes such as improving the Service and conducting research. This aggregated data will not identify you or your business.

12. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR COMPLETENESS OF DATA

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Results obtained from the Service will be accurate or reliable
  • The quality of the Service will meet your expectations
  • Any errors in the Service will be corrected

AI-Generated Predictions: Production predictions and recommendations are based on algorithms analyzing historical data. They are suggestions only and should not be the sole basis for business decisions. We are not responsible for business outcomes based on our predictions.

Third-Party Services: We are not responsible for the availability, accuracy, or reliability of third-party services integrated with DoughOps, including payment processors, POS systems, weather data providers, and other external APIs. Disruptions or changes to third-party services may affect the functionality of our Service.

Data Integrity: While we take reasonable measures to protect your data, you are solely responsible for maintaining independent backups of your important business data. We do not guarantee against data loss from any cause, including but not limited to system failures, security breaches, or human error.

Uptime: We do not guarantee any specific level of uptime or availability. While we strive to maintain continuous service, we do not offer a Service Level Agreement (SLA). The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUGHOPS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages resulting from unauthorized access to your account
  • Any damages resulting from interruption or errors in the Service
  • Any damages resulting from your reliance on AI predictions or recommendations
  • Any damages resulting from failures, changes, or disruptions in third-party services
  • Any loss of data regardless of the cause
  • Any allergic reactions, health incidents, personal injury, or death arising from reliance on automated nutrition or allergen information generated by the Service (see Section 8)
  • Any regulatory penalties, fines, or enforcement actions arising from non-compliance with FDA labeling, allergen disclosure, or other food safety regulations (see Section 8)
  • Any business losses arising from inaccurate AI-generated production predictions, inventory counts, or equipment data (see Section 8)

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid us in the 12 months preceding the claim, or
  • $100 USD

The disclaimers and limitations set forth in Section 8 (Nutrition, Allergen & AI Disclaimers) are integral to the basis of the bargain between DoughOps and the Subscriber. DoughOps would not have entered into this Agreement without such limitations, and these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless SMFORCE, LLC d/b/a DoughOps, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Data or other content you submit to the Service
  • Your business practices or decisions
  • Any claims by third parties (including customers, regulators, or government agencies) arising from allergen information, nutrition data, or AI-generated content you displayed, published, or distributed based on the Service's output
  • Any food safety incidents, regulatory penalties, or enforcement actions arising from your use of or reliance on automated allergen detection, nutrition estimation, or AI-generated outputs

15. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under these Terms when such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions, power or internet outages, failures of third-party hosting or infrastructure providers, and labor disputes.

16. Termination

14.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account through the Service settings.

14.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if:

  • You breach these Terms
  • You engage in fraudulent or illegal activity
  • Your payment method fails and is not corrected within 7 days
  • We are required to do so by law

14.3 Termination for Convenience

We may terminate your account for any reason by providing 30 days written notice to your registered email address. In such case, we will provide a pro-rata refund of any prepaid subscription fees for the unused portion of your billing period.

14.4 Effect of Termination

Upon termination:

  • Your right to access the Service ceases immediately
  • You remain liable for all fees incurred before termination
  • Provisions that should survive termination (including Sections 7, 8, 9.7, 10, 11, 12, 13, 16, and 17) will survive
  • You will have 30 days from termination to export Your Data using the Service's export features or by contacting support@doughops.com
  • After 30 days, Your Data will be permanently deleted from primary systems. Backups may retain data for up to 90 additional days before automatic purging
  • Aggregated, anonymized data derived from Your Data may be retained indefinitely

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last updated" date
  • Sending an email to registered users for significant changes

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree with the changes, you must stop using the Service.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in Illinois or remotely at our discretion.

Class Action Waiver: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against SMFORCE, LLC d/b/a DoughOps.

Statute of Limitations: Any claim arising from or relating to these Terms must be filed within one (1) year after the cause of action arises, or be permanently barred.

For consumers in the European Union, this section does not affect your statutory rights under consumer protection laws in your country of residence.

19. General Provisions

17.1 Severability

If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

17.2 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and SMFORCE, LLC d/b/a DoughOps regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. Any attempted assignment in violation of this section is void.

17.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. A waiver of any provision is only effective if in writing and signed by SMFORCE, LLC d/b/a DoughOps.

17.5 Notices

We may provide notices to you via the email address associated with your account or through in-app notifications. You are responsible for keeping your email address current. Notices to us should be sent to legal@doughops.com.

20. Contact Us

If you have any questions about these Terms, please contact us:

  • Email: legal@doughops.com
  • Support: support@doughops.com
  • Website: https://doughops.com

By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. Your acceptance is recorded with a timestamp for audit purposes.